A Notice to Quit is a document delivered by the landlord to the tenant notifying the tenant in writing he or she must move out of the property by a certain deadline.
There are several reasons why a Notice to Quit may be used:
The Notice to Quit must include the name of the landlord; name(s) of the tenant(s); address of the rental property; and reason for the notice, such as tenant failure to pay rent for a specific time period or for some other violation of the lease. A Notice to Quit for nonpayment of rent should include the amount of rent due; the method and location to make payment; the deadline (a specific date) by which the tenant must move out or pay rent due; and a statement that the landlord may pursue legal action if the tenant does not meet the demand of the Notice to Quit.
In the case of nonpayment of rent, a tenant is given the option of paying the rent or moving out by a specified date; for lease or rental agreement violations, the tenant’s only option is to move out by the deadline specified in the notice.
The landlord should keep a copy of the Notice to Quit as it may be needed for further action in court if the tenant does not comply with the demands contained in the Notice to Quit.
The deadline by which the tenant must move out (the date specified in the Notice to Quit) depends on the reason for the termination.
Pennsylvania law requires that the tenant be given 10 days from the date of service of the Notice to Quit to either pay the rent due or move out of the property. This deadline can be changed if previously agreed to by the tenant in the lease or rental agreement.
For lease or rental agreement violations, the landlord must give the tenant 15 days to move out (for lease terms of one year or less) or 30 days (for leases of one year or more).
In order to calculate the date of the deadline to include on the Notice to Quit, begin counting the required days starting with the day after the Notice to Quit is served on the tenant. The last counted day based on the required number of days is the final full day the tenant has to comply with the Notice to Quit. The day following that final day is the date the landlord can officially take court action against the tenant, if needed.
For example, say on January 31 that the landlord serves the tenant with the Notice to Quit for nonpayment of rent. Since nonpayment of rent allows for the tenant to have 10 days to comply with the Notice to Quit, begin counting out 10 days starting on February 1. February 10 will be the last full day the tenant has to either pay the rent due or move out. If the tenant does not pay the rent due or move out on February 10, then on February 11 the landlord can file an eviction action against the tenant in court.
Notice may be served by three different methods:
Keep a written record of the method of service, whether or not it was served on a person, note the name of the person served or where it was posted at the home, the time of service, and the date of service.
If the tenant does not move out of the property by the deadline written on the Notice to Quit (or pay the rent due for a nonpayment of rent situation) the landlord must file a landlord and tenant complaint, also known as an eviction lawsuit, in court (in the magisterial district where the rental property is located) to force the tenant to move by a court order.
The Landlord and Tenant Act of 1951 outlines specific steps the landlord must take to properly serve the eviction complaint on the tenant so that a hearing will be set before a judge or magistrate.
A form for filing a landlord and tenant complaint may be found at http://www.pacourts.us/Forms. Select “For the Public,” scroll down the webpage to locate the “Landlord” heading and select the form titled “Landlord Tenant Complaint.”
The landlord should bring extra copies of the completed Landlord and Tenant Complaint form to the courthouse and expect to pay a filing fee to begin the eviction lawsuit process. The court clerk will process the landlord’s complaint and set the matter for a hearing. The landlord will need to serve the tenant with a copy of the complaint and the date of the hearing.
The hearing may result in a judgment granting delivery of the property to the landlord and a money judgment against the tenant for rent, damages, and costs. If the tenant continues to occupy the property even after the court issues an order for the tenant to move, an Order of Possession must be obtained by the landlord from the court whereby the tenant will be legally and physically evicted by a court officer or sheriff.
Special eviction rules apply to mobile home owners who lease or rent space in mobile home parks with three or more mobile homes. (See 68 Pa. Cons. Stat. Ann. § 250.501(c) and the “Mobile Home Rights Act” found at 68 PS 398.1 and following.) For example, landlords must give mobile home tenants who have violated a lease or rental agreement by failing to pay rent due 20 days to move out (when notice is given on or after April 1 and before September 1) or 30 days (when notice is given on or after September 1 and before April 1); this is more time than given tenants who violate a lease or rental agreement term in rental properties other than mobile home parks.
]]>Leaving before a fixed-term lease expires without paying the remainder of the rent due under the lease is called breaking the lease. Here’s a brief review of tenant rights in Pennsylvania to break a lease without further liability for the rent.
A lease obligates both you and your landlord for a set period of time, usually a year. Under a typical lease, a landlord can’t raise the rent or change other terms, until the lease runs out (unless the lease itself provides for a change, such as a rent increase mid-lease). A landlord can’t force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties. In these cases, landlords in Pennsylvania must follow specific procedures to end the tenancy. For example, your landlord must give you ten days’ notice to pay the rent or leave (68 Pa. Cons. Stat. Ann. § 250.501(b)) before filing an eviction lawsuit. If you have violated the terms of a lease more than one year, your landlord may give you an unconditional quit notice, giving you 30 days to move out. (68 Pa. Cons. Stat. Ann., § 250.501(b)).
Tenants are legally bound to pay rent for the full lease term, typically one year, whether or not you continue to live in the rental unit—with some exceptions, as follows.
There are some important exceptions to the blanket rule that a tenant who breaks a lease owes the rent for the entire lease term. You may be able to legally move out before the lease term ends in the following situations.
If you enter active military service after signing a lease, you have a right to break the lease under federal law. (War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C.A. § § 501 and following.) You must be part of the “uniformed services,” which includes the armed forces, commissioned corps of the national Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard. You must give your landlord written notice of your intent to terminate your tenancy for military reasons. Once the notice is mailed or delivered, your tenancy will terminate 30 days after the date that rent is next due, even if that date is several months before your lease expires.
If your landlord does not provide habitable housing under local and state housing codes, a court would probably conclude that you have been “constructively evicted;” this means that the landlord, by supplying unlivable housing, has for all practical purposes “evicted” you, so you have no further responsibility for the rent. Pennsylvania law (68 Pa. Cons. Stat. Ann. § 250.206, 35 Pa. Cons. Stat. Ann. § 1700-1 and Pugh v. Holmes, 405 A.2d 897 (1979)) sets specific requirements for the procedures you must follow before moving out because of a major repair problem. The problem must be truly serious, such as the lack of heat or other essential service.
Pennsylvania does not have a state law that specifies the amount of notice your landlord must give you to enter rental property. If your landlord repeatedly violates your rights to privacy, or does things like removing windows or doors, turning off your utilities, or changing the locks, you would be considered “constructively evicted,” as described above; this would usually justify you breaking the lease without further rent obligation.
Landlords in most states (for example, Arizona) must make a reasonable effort to re-rent their units when a tenant breaks a lease, rather than charge the tenant for the total remaining rent due under the lease. Unfortunately, landlords in Pennsylvania (Stonehedge Square Ltd. P’ship v. Movie Merchs., 715 A.2d 1082 (Pa. 1998)) do not have the same responsibility to “mitigate damages” by trying to rent their property reasonably quickly and keeping their losses to a minimum if you move before a lease ends. If you break your lease and move out without a legal justification (described above), try to work something out with your landlord. Don’t just move out and hope your landlord gets a new tenant quickly and doesn’t charge you for the remaining time on your lease. Provide your landlord as much notice as possible and write a sincere letter explaining why you need to leave early. Ideally, you can offer your landlord a qualified replacement tenant with good credit and references, to sign a new lease.
But keep in mind, that if the landlord doesn’t agree to let you off the hook, you will be liable for paying rent for the remainder of your lease. This could be a substantial amount of money if you leave several months before your lease ends. Your landlord will probably first use your security deposit to cover the amount you owe. But if your deposit is not sufficient, your landlord may sue you, probably in small claims court where the limit is $12,000 in Pennsylvania.
If you want to leave early, and you don’t have legal justification to do so, there are better options than just moving out and hoping your landlord gets a new tenant quickly. There’s a lot you can do to limit the amount of money you need to pay your landlord—and help ensure a good reference from the landlord when you’re looking for your next place to live.
You can help the situation a lot by providing as much notice as possible and writing a sincere letter to your landlord explaining why you need to leave early. Ideally you can offer your landlord a qualified replacement tenant, someone with good credit and excellent references, to sign a new lease with your landlord.
Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo) provides extensive legal and practical advice that every tenant needs, from move in to move out, including how to get your landlord to cancel your lease, plus dozens of forms and sample letters.
To learn more about landlord-tenant laws in your state, see the State Landlord-Tenant Laws section of the Nolo site.
]]>Before you can withhold rent or use the repair and deduct remedy, make sure that the circumstances justify you paying less rent and that you comply with state legal requirements on things like notice you must provide your landlord. Check Pennsylvania state law (see resources below) on the following:
For an overview of Pennsylvania landlord-tenant law, see http://tenant.net/Other_Areas/Penn/harris/pa-toc.html.
For state law on rent withholding, see 68 Pa. Cons. Stat. Ann. § 250.206; 35 Pa. Cons. Stat. Ann. § 1700-1.
For state law on repair and deduct, see Pugh v. Holmes, 405 A.2d 897 (1979).
For state law prohibiting landlord retaliation, see 68 Pa. Cons. Stat. Ann. § § 250.205, 399.11.
See the Laws and Legal Research section of Nolo for advice on finding and reading statutes and court decisions.
Also, check your local housing ordinances for any city or county rules that cover tenant rights when it comes to repairs. Contact your local building or housing authority. To find yours, call your mayor or city manager’s office or check your city or county website.
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